[WSBAPT] Most efficient solution? (Intestacy, real estate, incapacity and more good stuff)

Fri Jul 13 09:28:00 PDT 2018

Great, thanks. I have that exact issue now in Thurston County. The DPOA
does have real estate powers, both general and specific (but not limited
to) so I should be good to go. I was just working up my email to the title
company when I saw your post this morning. Timing is everything 😊

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

[image: whiteRKCS_newlogo50_email_sig]

Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Jennifer Johnson
*Sent:* Friday, July 13, 2018 8:44 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Most efficient solution? (Intestacy, real estate,
incapacity and more good stuff)

Tom,

As long as the power of attorney document grants powers with respect to
real estate, then I believe the attorney in fact can execute them.  And
actually, if the Lack of Completed Probate Affidavit is the form being
executed for the benefit of the title company, it can be completed and
acknowledged by anyone familiar with the facts of the decedent and his or
her estate, not just a surviving spouse.  Practically (putting my title
officer hat on), I prefer for the person filling it out to be related to
the decedent or have an interest in the property, but it doesn't
necessarily have to be as long as I'm convinced that the person has all of
the info I need and is willing to agree to the indemnification clause.  The
LOPA is a risk assessment tool, not a means to convey the property.

Jennifer

Jennifer Johnson

Attorney | Title Officer

Wahkiakum Title & Escrow Company

Hanigan Law Office, PS

Cathlamet, WA 98612

(360) 795-3741

On Fri, Jul 13, 2018 at 7:30 AM, Tom Westbrook <tjw at w3net.net> wrote:

Jennifer,

When the Surviving Spouse is incapacitated as in this case, can the AIF
sign the Affidavit of Surviving Spouse and Lack of Probate Affidavit?

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

[image: whiteRKCS_newlogo50_email_sig]

Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

The information contained in this email and attachment(s) are for the
exclusive use of the addressee(s) and may contain private, privileged
and/or confidential information.  If you are not the addressee, you are
strictly prohibited from reading, photocopying, distributing or otherwise
using this email or its contents in any way. If you have received this
communication in error, please notify us immediately by telephone at
360-352-8311 or by e-mail to shannon at buddbaylaw.com, and destroy the
original message from your electronic files.

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Jennifer Johnson
*Sent:* Thursday, July 12, 2018 9:41 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Most efficient solution? (Intestacy, real estate,
incapacity and more good stuff)

You can record an Affidavit of Surviving Spouse along with a death
certificate and a REET in order to effect the transfer by community
property law and claim the inheritance exemption for excise tax purposes.
If there is any question as to whether it is community property, or if you
just want to make sure you’re totally covered, you can also have all of the
heirs, along with the attorney in fact for mom, execute a deed to mom.

You can check with your local title company to see if they are going to
require their own Lack of Completed Probate Affidavit to be completed (they
usually do) and if they are going to be inclined to assess an additional
premium to cover their risk.

Jennifer

Jennifer Johnson

Attorney | Title Officer

Wahkiakum Title & Escrow Company

Hanigan Law Office, PS

Cathlamet, WA 98612

(360) 795-3741

On Jul 12, 2018, at 7:25 PM, Sarah Jael Dion <sarah at dionlaw.com> wrote:

Hi all!

I would be very grateful for any advice on this one…I’m torn about how to
handle this efficiently.

I have a client who just lost her dad. Dad was married to mom. Mom and Dad
had four adult children. All siblings are thrilled that my client is
willing to manage the legal fallout from Dad’s death.

Client’s mother has dementia, and is incapacitated. My client is her POA.
The mother lives in a care facility. The POA is not great- it wasn’t
drafted by an attorney, but it’s done the job so far.

Mom and Dad had a house, which is community property. This house now needs
to be sold to pay for Mom's ongoing care. The house is the only probate
asset.

Client believes Dad had a will, but no one can find it. There has been a
considerable amount of searching and Client has abandoned the search.

Should we:

(1) try to sell the house using an Affidavit of Lack of Probate, with my
client as her mom’s POA;

(2) open an intestate administration and have a GAL appointed for the mom;
or

(3) seek to have my client appointed guardian of her mom and then attempt
to use an Affidavit of Lack of Probate?

Something else?

Sarah Jael Dion

Dion Law PLLC
206-550-4005
sarah at dionlaw.com
www.dionlaw.com

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